The judgment of the court below is reversed.

The crime of No. 1 and No. 3 in the judgment of the defendant shall be punished by imprisonment with prison labor for 8 months.

1. The summary of the grounds for appeal (e.g., punishment of 8 months in prison and fines of 2 million won in prison with respect to the crimes of 1 and 3 in the market) sentenced by the court below to the defendant is too unreasonable.

2. The judgment of this case is that the defendant obtained money exceeding KRW 36 million from three victims for the borrowed money, and the defendant committed each of the crimes of this case during the suspension period of execution due to the same criminal records, and seven times the punishment power due to the same criminal records is imposed. It does not mean that the defendant is less and less and less.

However, in the first instance court, the Defendant recognized each of the crimes in this case and made an agreement on the amount of KRW 9 million, which is part of the damage amount to the victim B, and KRW 3.5 million, respectively, and the amount of damage to the victim D was paid in addition to KRW 10 million. In the first instance court, the victim C was paid in excess of the amount of damage by additionally paying KRW 10 million. The above victims have not been punished against the Defendant. The crime of fraud against the victim D is in the latter concurrent crimes of Article 37 of the Criminal Act with the previous offense in which the judgment became final, and the latter concurrent crimes of Article 37 of the Criminal Act are committed. In full view of the various circumstances such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence, the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to that stated in each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

Article 36 of the Act on the Punishment of Criminal Crimes

Article 347 of the Criminal Act.